Citation : 2022 Latest Caselaw 12155 Ker
Judgement Date : 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
I.A.NO.4534/2016(IA.NO.3/2016) IN MAT.APPEAL NO. 1304 OF 2016
OP 1185/2007 OF FAMILY COURT, THIRUVANANTHAPURAM
NAME & ADDRESS OF THE PETITIONER/APPELLANT:
A.V.SANKARANARAYANAN, AGED 58 YEARS, S/O.VELAYUDHAN, RESIDING AT
ARAVIND, KALATHARA ROAD, RAJEEV GANDHI LANE, MARAD P.O, ERNAKULAM.
NAME & ADDRESS OF THE RESPONDENTS/RESPONDENTS:
1. SINDHU SHANKAR, AGED 51 YEARS, D/O.MRITHYUNJAYAN, RESIDING AT
T.C.48/327-1, SHARDHA, MUTTATHARA, THIRUVANANTHAPURAM.
2. SREYA SHANKAR, AGED 20 1/2 YEARS, RESIDING AT T.C.48/327-1, SHARDHA,
MUTTATHARA, THIRUVANANTHAPURAM-695 008.
3. SHARDHA SHANKAR, AGED 17 1/2 YEARS, RESIDING AT T.C.48/327-1,
SHARDHA, MUTTATHARA, THIRUVANANTHAPURAM-695 008, REPRESENTED BY HER
MOTHER AND GUARDIAN, THE 1ST RESPONDENT.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of the judgment dated 15/02/2016 in O.P.No.1185/2007 of the Honourable
Family Court, Thiruvananthapuram pending disposal of the above appeal.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.BABU KARUKAPADATH, K.M.FAIZAL, AMRIN FATHIMA, MITHUN BABY JOHN,
J.RAMKUMAR, N.SATHEESH KUMAR(NEMMARA), M.A.VAHEEDA BABU AND P.U.VINOD
KUMAR, Advocates for the applicant, the court passed the following:
P.T.O.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ
............................................................................
Mat Appeal Nos.1304 of 2016
.....................................................................
Dated this the 22nd day of December, 2022
ORDER
Anil K. Narendran, J.
I.A.No.2 of 2022
This I.A. is allowed as prayed for and the appellant is
permitted to take out notice to respondents 1 to 3 by affixture.
I.A.No.4534 of 2016 (I.A.No.3 of 2016)
The learned counsel for the appellant would point out that
the pendency of E.P.No.20 of 2021 filed by the respondents
before the Family Court, Thiruvananthapuram.
Having considered the submissions made by the learned
counsel for the appellant, there will be an interim stay as prayed
for, on condition that the appellant shall furnish security for the
entire decree debt, to the satisfaction of the Family Court,
Thiruvananthapuram, within a period of one month. It would be
open to the appellant to furnish the property already under
attachment as security.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR,JUDGE Dxy
22-12-2022 /True Copy/ Assistant Registrar
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